Fisher v. Gordon
Supreme Court of Missouri
ERROR to St. Louis Circuit Court. I. The court erred in refusing to permit the plaintiff to prove that, upon the decision of the constable’s jury in favor of Kennerly’s claim, he directed the defendant to sell the property, offering at the same time good and sufficient indemnity to defendant therefor, which the defendant refused to do. — Watson on the oSioe and duty of sheriff, 195; 8 Johns.
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ERROR to St. Louis Circuit Court. I. The court erred in refusing to permit the plaintiff to prove that, upon the decision of the constable’s jury in favor of Kennerly’s claim, he directed the defendant to sell the property, offering at the same time good and sufficient indemnity to defendant therefor, which the defendant refused to do. — Watson on the oSioe and duty of sheriff, 195; 8 Johns. Rep., 185; 10 Ibid., 98; 15 Ilid., 147; 8 Cowen’a Rep., 65; 5 Wendell’s Rep., 309; 1 Hall’s Rep., 596; 6 Mo. Rep., 166. These references directly show, that if a third person claim the property levied…
1Opinion of the CourtNaptok, J.
This was an action against defendant for a false return as constable of St. Louis township. The declaration contained but one count, and in substance averred, that the plaintiff recovered before a justice of the peace in St. Louis township a judgment against one H. L. Greene for seventy-eight dollars and eighty cents, with damages and costs; that on this judgment an execution issued, directed to defendant ; that under said execution defendant levied on sufficient goods and chattels of said Greene to satisfy said judgment, but notwithstanding such levy, defendant falsely and fraudulently…
2Cases cited1 opinion
- Hart v. DeamerNew York Supreme Court · 1831
3Cited by4 opinions
- Wright v. HolmesSupreme Judicial Court of Maine · 1905
- State ex rel. Kearney v. FinnSupreme Court of Missouri · 1885
- Remdall v. SwackhamerOregon Supreme Court · 1880
- State ex rel. Lowe v. OwnbySupreme Court of Missouri · 1871